Management of Asbestos Risk is a serious business.
The applicable regulations ‘carry real teeth’ and with good reason – asbestos is still today the single greatest cause of work-related deaths. Failure to meet your duties under the regulations can have serious consequences and criminal prosecutions can, and do, result.
The applicable regulations are designed to protect you and your employees to ensure that you meet your duty of care in assessing risk in managing Asbestos Containing Materials (ACMs). Much of the applicable legislation works hand-in-hand to ensure the safety of everyone at risk from exposure to ACMs.
Since the Control of Asbestos at Work Regulations 2002 all non-domestic properties are required to have an asbestos register to ensure the risk in relation to ACMs has been assessed. If you don’t know where the ACMs are, then how can you manage them? Furthermore, in terms of a domestic dwelling, this is a place of work to any tradespeople working there. This effectively extends the legislation to domestic properties in that, where an employer is undertaking maintenance, refurbishment or demolition works in any premises they are required to have undertaken a suitable and sufficient risk assessment. In reality, this means that they must instruct a Refurbishment or Demolition Asbestos Survey, prior to commencement of works.
Associated Legislation and Guidelines
- Control of Asbestos Regulations 2012 (CAR 2012)
- Regulation 4 – the Duty to Manage Asbestos in Non-Domestic Properties
- Regulation 5 – Identification of the presence of asbestos
- Regulation 10 – Information, Instruction and Training
- CDM Regulations 2015
- ACOP – Approved Code of Practice and Guidance 2012 (L143 second edition)
- The Hazardous Waste (England and Wales) Regulations 2005
- Special Waste Scotland Regulations 2004
- Control of Asbestos at Work Regulations 2002
- COSHH – Control of Substances Hazardous to Health Regulations 2002
- MHSWR – Management of Health & Safety at Work Act 1999
- HASAW Act – Health and Safety at Work Act 1974
- HSG247 Asbestos: The Licenced Contractors' Guide 2006
- HSG248 Asbestos: The Analysts' Guide for Sampling, Analysis and Clearance Procedures 2005
Specialist Asbestos Surveying, Sampling and Re-inspection services are handled via Asbestos Building Surveys Ltd (ABS). For these services, please visit the ABS website or Contact ABS with your enquiry.
Just ask ABS if you need asbestos related advice or to arrange a survey.